Partner Visa Sponsor Who Was Sponsored on a Partner Visa

A partner visa sponsor previously sponsored on a partner visa is an Australian citizen or permanent resident who first came to Australia, or became a permanent resident, because a former partner sponsored them. If that relationship has ended and the person now wants to sponsor a new partner, a partner visa sponsor previously sponsored faces a specific rule in regulation 1.20J(1)(c) of the Migration Regulations 1994.

That rule says the new sponsorship cannot be approved until at least 5 years have passed since the sponsor's own partner or fiancé visa application was made. The rule can be waived in compelling circumstances. It does not ban the new relationship, and it does not mean the new partner can never come to Australia. It means timing, disclosure and evidence must be managed with care from the first day.

This guide is written for the Australian sponsor. It explains who the rule catches, how the 5 years runs, how the Department finds out, why the sponsor's first relationship is often examined again, how the waiver works, and what to do if the sponsorship is refused. The commercial page on partner visa sponsorship limitations explains how My Migration Lawyers handles these matters, and the guide on when a sponsor cannot sponsor a partner visa sets out every sponsorship limitation in one place.

Can a partner visa sponsor previously sponsored sponsor a new partner?

Yes. A partner visa sponsor previously sponsored can sponsor a new partner, but the sponsorship can only be approved once at least 5 years have passed since the sponsor's own partner or fiancé visa application was made, or earlier if the decision maker finds compelling circumstances affecting the sponsor under regulation 1.20J(2).

The rule is not a bar on applying. A visa application can be lodged at any time if the applicant otherwise meets the validity requirements. The limitation operates on the approval of the sponsorship, which is decided as part of the visa decision. That difference matters, because the date of decision can be many months after lodgement.

The general sponsor requirements still apply to a partner visa sponsor previously sponsored. The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, usually aged 18 or over. The guide to partner visa sponsor eligibility explains those rules, and the answer to who can sponsor a partner visa summarises them. A partner visa sponsor previously sponsored must meet those ordinary requirements and also deal with regulation 1.20J(1)(c).

The short FAQ answer on whether you can sponsor your partner if you were sponsored on a partner visa gives a quick summary. This article goes much further.

What does regulation 1.20J(1)(c) say?

Regulation 1.20J(1)(c) provides that a person who was themselves sponsored or nominated as a spouse, de facto partner, fiancé or interdependent partner cannot have a sponsorship of a partner approved until at least 5 years after their own visa application was made.

Regulation 1.20J sits in Division 1.4B of the Migration Regulations 1994. It has three limbs:

• Regulation 1.20J(1)(a). A person may enter into at most 2 approved partner or fiancé sponsorships in a lifetime.
• Regulation 1.20J(1)(b). A person who has sponsored a partner or fiancé cannot have another sponsorship approved until at least 5 years after the earlier visa application was made.
• Regulation 1.20J(1)(c). A person who was themselves sponsored as a partner or fiancé cannot sponsor a partner until at least 5 years after their own visa application was made.

A partner visa sponsor previously sponsored is caught by the third limb. If the same partner visa sponsor previously sponsored has also sponsored someone since arriving, the first two limbs may apply as well, so all three must be checked together.

The Department's policy instruction on Division 1.4B confirms that the limit applies to applications for the Subclass 300 Prospective Marriage visa and to Partner visa applications for Subclass 309 and Subclass 820 made on or after 1 July 2009. Earlier spouse and interdependency applications were covered by earlier versions of the regulation. The partner visa sponsor requirements guide explains where regulation 1.20J sits among the other sponsor criteria.

Why the rule exists

The Department's policy says the purpose of the sponsorship limitation is to prevent abuse of the partner and fiancé migration provisions. The concern is a pattern in which a person is sponsored, obtains permanent residence, leaves the relationship, and quickly sponsors someone else. The 5 year gap is designed to make that pattern unattractive.

Most people caught by the rule are not doing anything of the kind. Relationships end for ordinary reasons. But a partner visa sponsor previously sponsored should understand that the decision maker reads the case with the purpose of the rule in mind. That is why the evidence about the first relationship, and about the timing of the new one, often matters as much as the dates.

Who is a partner visa sponsor previously sponsored?

A partner visa sponsor previously sponsored is any sponsor who was granted a visa as the spouse, de facto partner, fiancé or interdependent partner of another person, because that other person sponsored or nominated them.

In practice, the main groups of a partner visa sponsor previously sponsored are:

• People who came to Australia on a Subclass 309 and then held a Subclass 100.
• People who applied onshore for a Subclass 820 and then held a Subclass 801.
• People who came on a Subclass 300 Prospective Marriage visa, whether or not the marriage went ahead and whether or not they later moved to a Subclass 820.
• People granted older spouse or interdependency visas, such as the Subclass 310, 826, 110 or 814 visas, under earlier versions of the law.

The complete guide to partner visas in Australia explains each of these subclasses. The guide to the Subclass 820 visa and the page on the Subclass 309 visa explain the two main two-stage pathways.

Sponsored on a Prospective Marriage visa

A person who came to Australia on a Subclass 300 was sponsored as a fiancé. That person is a partner visa sponsor previously sponsored for the purposes of regulation 1.20J(1)(c), even if the wedding never happened and they later became a permanent resident another way.

Many people who held a Subclass 300 then married and applied for a Subclass 820 in Australia. That creates two applications in the history: the Subclass 300 application and the later Subclass 820 application. Until the exact history has been checked, the cautious approach is to measure the 5 years from the later of the two application dates. The page on the Subclass 300 visa explains how that pathway works.

Sponsors who later became citizens

Becoming an Australian citizen does not remove the limit for a partner visa sponsor previously sponsored. A partner visa sponsor previously sponsored who has since been granted citizenship is still a person who was sponsored as a partner, and the 5 years still runs from the date of their own visa application.

Citizenship can change other things, such as the evidence used to prove the sponsor's status. The guide for a partner visa sponsor who recently became a citizen explains those practical points, and the guide for a partner visa sponsor who recently became a permanent resident covers sponsors whose permanent visa is recent.

Who is not caught by regulation 1.20J(1)(c)

A sponsor is not a partner visa sponsor previously sponsored merely because they once held some other family or skilled visa. A sponsor who became a permanent resident through a skilled, employer sponsored, parent or humanitarian visa was not sponsored as a partner. The guide for a partner visa sponsor who holds a skilled or employer sponsored PR explains that group.

A sponsor who applied for a partner visa that was refused, and who never held a partner visa, is not a partner visa sponsor previously sponsored in the relevant sense. The Department's policy says a sponsorship counts for regulation 1.20J only if it resulted in the grant of a visa. A refused application is not a grant.

Does being sponsored use up one of your two sponsorships?

No. Being sponsored yourself does not use up one of the two sponsorships allowed by regulation 1.20J(1)(a). The Department's policy says that the fact a person was sponsored as a spouse is a separate consideration from the number of sponsorships that person can enter into.

The policy gives a direct example. A person who was sponsored as a spouse and later sponsored a fiancé has not used up their two sponsorships. So a partner visa sponsor previously sponsored still has two sponsorships available in their lifetime. What they face is the 5 year waiting rule in regulation 1.20J(1)(c), not a reduction of the lifetime cap.

The lifetime cap becomes relevant only if the sponsor has already sponsored other people. The answer to whether you can sponsor more than one partner explains the cap, and the answer for a sponsor who wants to know whether a lawyer can help if they have sponsored a partner before explains how that history is reviewed.

The two-stage visa is one sponsorship

A sponsor of a two-stage partner visa is counted once, not twice. The Department's policy explains that there is no separate sponsorship approval for the Subclass 100 or Subclass 801 stage. The same rule helps a partner visa sponsor previously sponsored understand their own history. Their Subclass 820 and Subclass 801, or Subclass 309 and Subclass 100, came from one application and one sponsorship. The 5 years therefore runs from that one application date. The guide on the difference between the Subclass 820 and Subclass 801 explains the two stages.

When does the 5 year period start and end?

The 5 year period starts on the date the sponsor's own partner or fiancé visa application was made and ends on the date the current sponsorship is approved or refused. The Department's policy states this directly: if the sponsor has been sponsored, the period is calculated from the date the sponsor's own visa application was made to the date of approval or refusal of the current sponsorship.

Three points follow for a partner visa sponsor previously sponsored:

• The start date is the application date, not the grant date. It is not the date the sponsor's Subclass 820 or Subclass 309 was granted, and it is not the date of the Subclass 801 or Subclass 100 grant. It is the date the original application was made.
• The end date is the decision date, not the lodgement date. Sponsorship approval is a time of decision criterion. The new application can be lodged before 5 years have passed, as long as 5 years have passed by the time the sponsorship is decided.
• Separation dates and citizenship dates are irrelevant. The date the first relationship ended, the date of divorce and the date of citizenship play no part in the calculation.

The Department's own policy example shows how the end date works. In that example, a first application was made on 1 January 1994, a new application was made on 1 October 1998, which was 4 years and 9 months later, and the decision was made on 1 March 1999. Because 5 years had passed by the date of decision, the sponsorship could be approved.

A simple illustration

Consider a partner visa sponsor previously sponsored who lodged her own Subclass 820 application on 10 March 2022. Five years from that date is 10 March 2027. If her new partner lodges a Subclass 820 application in late 2026, the sponsorship cannot be approved before 10 March 2027 unless the waiver applies. If the Department decides the application after that date, the 5 year limb is no longer a barrier. This is a hypothetical example only. The detailed date mechanics, including more worked timelines and common miscalculations, are covered in a separate guide in this series.

A partner visa sponsor previously sponsored can confirm the date of their own application from ImmiAccount or from the Department's records. Where the sponsor no longer has access, a partner visa FOI request can obtain the immigration file.

When the 5 years ends during processing or review

For a partner visa sponsor previously sponsored, the 5 years can end while the new application is being processed or while a refusal is under review. Because the test is applied at the time of decision, a limitation that applied when the application was lodged can fall away before the decision is made.

The Administrative Review Tribunal applies the same principle, and several Tribunal decisions show it. In Pham (Migration) [2021] AATA 4906, a Subclass 309 matter, the recorded issues were an application made less than 5 years after the sponsor's permanent visa was granted, a limitation period that had now passed, and a decision made without a hearing. The matter was remitted to the Department. In Rogers (Migration) [2020] AATA 4743, a Subclass 309 matter, the recorded issues included 5 years not having lapsed since the earlier visa application, 5 years having elapsed during review, and a genuine and continuing relationship. In Dang (Migration) [2024] AATA 137, a Subclass 820 matter, the recorded issues were an application made within 5 years of a previous sponsorship and 5 years having now passed. Both were remitted.

Those decisions show the practical importance of the time of decision rule for a partner visa sponsor previously sponsored. A refusal is not always the end of the matter. The guide on partner visa sponsorship approval and when it is decided explains the timing in more detail, and the guide on partner visa sponsorship delays explains how sponsorship issues can hold up a decision.

How does the Department find out the sponsor was sponsored before?

The Department finds out about a partner visa sponsor previously sponsored from two sources: the sponsor's own answers in the sponsorship application, and the Department's own sponsorship and visa records. The policy instruction tells officers to have regard to the information given in the sponsorship and to departmental sponsorship database records.

In practical terms, a partner visa sponsor previously sponsored should assume the Department already knows. The sponsor's earlier partner visa file sits in the same systems. The sponsor's identity, passport history and former partner's details are linked. Any answer that hides the earlier sponsorship is likely to be detected.

The sponsorship is usually lodged online after the visa applicant applies, using the applicant's transaction reference number. The guide on partner visa sponsorship lodgement explains the timing, and the guide to Form 40SP explains the sponsorship questions. The undertakings the sponsor gives are explained in the guide to the partner visa sponsor undertaking.

Why accurate disclosure matters

Accurate disclosure protects both partners. If the sponsorship application of a partner visa sponsor previously sponsored understates the sponsor's history, the decision maker may doubt everything else the sponsor says. Inaccurate answers in the visa applicant's own application can also raise public interest criterion 4020 for the applicant. The guide on partner visa PIC 4020 risks explains that criterion, and the answer on how to tell an honest mistake from a PIC 4020 issue explains the difference.

The visa applicant should also give an accurate account of the sponsor's history where the forms ask for it. Form 80 and Form 1221 ask about relationships and family members. The guides to Form 80 for a partner visa and Form 1221 for a partner visa explain when those forms are used.

Why the first relationship comes under the spotlight

The first relationship comes under the spotlight because the Department will want to understand why a partner visa sponsor previously sponsored is now in a new relationship, and whether the first relationship was genuine. That question is not formally part of the 5 year test. It arises when the decision maker assesses the new relationship and any waiver claim.

The Department's waiver policy expressly refers to so-called innocent sponsors. These are sponsors who say their intentions in the original relationship were genuine and they were blameless in its failure. The policy says it is open to decision makers to find compelling circumstances in that situation, but it depends on whether the bona fides of the original relationship can be established and whether the first sponsorship was careless. The same thinking influences how a decision maker views a partner visa sponsor previously sponsored who now wants to sponsor someone new.

Questions a decision maker may ask a partner visa sponsor previously sponsored include:

• When did the first relationship end, and how is that shown?
• Did the sponsor stay in the first relationship after the permanent visa was granted, and for how long?
• When did the new relationship begin, and did it overlap with the first?
• Was the sponsor in contact with the new partner before the first relationship ended?
• Is the sponsor's account consistent with what the former partner told the Department?

The sponsor's marital history and credibility

The Tribunal regularly examines sponsor history. In Nguyen (Migration) [2023] AATA 3868, a Subclass 309 matter, the recorded issues were the sponsor's migration history and credibility concerns, and the sponsor's marital history. The matter was remitted to the Department. In Huynh (Migration) [2023] AATA 92, a Subclass 820 matter, the recorded issue was a sponsor in a previous relationship, and the Tribunal was satisfied the relationship was genuine at the time of application. That matter was also remitted.

Those decisions show that a partner visa sponsor previously sponsored can expect the earlier relationship to be raised, and that careful evidence can answer the concern. The guide on partner visa previous relationship history explains how earlier relationships are assessed, and the guide on the genuine and continuing relationship test explains the legal test for the new relationship.

When the former partner has reported the sponsor

Sometimes the former partner who sponsored the sponsor makes a report to the Department after the separation. The report may claim that the relationship was never genuine, that the sponsor left as soon as the permanent visa was granted, or that the sponsor behaved badly. The answer on whether information from an ex-partner or a tip-off can be used against a partner visa explains how such information is handled.

If the Department intends to rely on adverse information of that kind, section 57 of the Migration Act 1958 generally requires it to give particulars of the information to the applicant, explain why it is relevant and invite comment, where the information would be the reason or part of the reason for refusal. The guide on the section 57 natural justice letter explains the process, and the guide on common adverse information in section 57 letters shows the kinds of material that are put. A response for a partner visa sponsor previously sponsored should be measured, factual and supported by documents, not a counter-attack on the former partner.

Where the former partner's claims suggest the earlier relationship was not genuine, the sponsor should take advice before answering. That issue can carry consequences beyond the new application, and the response needs to be prepared with care. The guide on partner visa sham relationship allegations explains how such allegations are approached.

Sponsors who obtained permanent residence after family violence or the death of their sponsor

A sponsor who obtained a permanent partner visa after the relationship ended because of family violence, or after the death of their sponsor, is still a partner visa sponsor previously sponsored. The 5 year rule in regulation 1.20J(1)(c) still applies to them.

The Department's policy confirms that a sponsorship counts where the applicant was granted a permanent visa on family violence grounds, because that permanent visa came from the original sponsorship for the temporary visa. The policy also says that where a partner visa was granted because the sponsor died, the sponsorship limitation would stop that person from sponsoring another person within the 5 year period, but adds that this may be a situation where compelling circumstances exist.

For a partner visa sponsor previously sponsored in either group, the following points deserve particular care:

• Family violence survivors. A survivor who was granted permanent residence under the family violence provisions and is now in a safe new relationship should not be left to manage this alone. The history of family violence may be relevant to the waiver. The page on family violence partner visa lawyers explains how My Migration Lawyers acts in these matters, and the guide on partner visa family violence options explains the provisions. In 2451138 (Migration) [2025] ARTA 2252, a Subclass 309 matter, the recorded issues were compelling circumstances, a sponsor who was the victim of family violence in previous relationships, and family medical conditions. The matter was remitted.
• Widowed sponsors. A person whose sponsoring partner died, and who was granted permanent residence for that reason, may have strong waiver grounds. The guide on partner visa options after a partner's death explains that pathway, and the answer on what happens to a partner visa if the sponsor dies gives a short summary.

Separate guides in this series deal with each of these situations in depth.

What evidence should a partner visa sponsor previously sponsored prepare?

A partner visa sponsor previously sponsored should prepare two sets of evidence: evidence of their own migration and relationship history, and evidence of the new relationship. Most couples prepare only the second set. The first set is what usually decides whether the case is smooth or contested.

Evidence of the sponsor's own history

• The sponsor's own visa grant letters, including the temporary and permanent stage grants, and the date the original application was made.
• Evidence of when the first relationship ended, such as a separation agreement, a divorce certificate, property settlement orders or correspondence about the separation.
• Evidence of how long the first relationship continued after the permanent visa was granted.
• Any court orders, police reports or family violence evidence that explains why the first relationship ended.
• Form 888 statements from people who knew the sponsor during the first relationship, where the genuineness of that relationship may be questioned.

The guide on a partner visa after divorce explains how divorce documents are used, and the answer on whether you can get a spouse visa while still divorcing explains timing issues where the divorce is not final.

Evidence of the new relationship

The new relationship is assessed under the ordinary partner visa criteria, using the financial, household, social and commitment aspects. The guide on partner visa evidence to prove a genuine relationship and the guide on the four pillars of partner visa evidence explain what is needed. For a partner visa sponsor previously sponsored, the start date of the new relationship should be documented with particular care, because the decision maker will compare it with the end of the first relationship. The guide on a partner visa relationship timeline explains how to present those dates clearly.

Relationship statements should deal directly with the earlier relationship rather than avoid it. The guide on relationship statement mistakes to avoid explains common errors, and the guide on preparing evidence of a genuine relationship explains how to organise the material.

Can the 5 year limit be waived for a partner visa sponsor previously sponsored?

Yes. Regulation 1.20J(2) allows the decision maker to approve a sponsorship that does not meet regulation 1.20J(1) if there are compelling circumstances affecting the sponsor. The Department's policy states that, as a matter of law, every case must be assessed against regulation 1.20J(2).

That means a partner visa sponsor previously sponsored does not need to make a separate application for the waiver. The decision maker must consider it. In practice, however, a decision maker can only weigh the circumstances that are put in front of them. A sponsor who wants the waiver considered properly should set out the circumstances in a written submission with evidence.

What counts as compelling circumstances

The Department's policy gives four examples of compelling circumstances affecting the interests of the sponsor. They are not exhaustive:

• The applicant and the sponsor have a dependent child who is dependent on each of them.
• The death of the previous partner.
• The previous spouse abandoned the sponsor and there are children dependent on the sponsor who require care and support.
• The new relationship is longstanding.

The policy adds that every aspect of the sponsor's circumstances is relevant. Two matters are singled out as particularly important: the nature of the hardship or detriment the sponsor would suffer if the sponsorship were not approved, and the extent and importance of the sponsor's ties to Australia, including the hardship the sponsor would suffer if they felt compelled to leave Australia to keep the relationship going.

The circumstances must affect the sponsor. Hardship to the visa applicant may be relevant only so far as it affects the sponsor. The guide on partner visa compelling and compassionate circumstances explains how that phrase is used across partner visa law, and the guide on partner visa compelling reasons and waiver evidence explains how evidence is assembled for waiver arguments generally.

How the waiver applies to a sponsor who was sponsored

For a partner visa sponsor previously sponsored, the waiver arguments often look different from those of a sponsor who has sponsored others. The sponsor is usually the person who migrated. Their ties to Australia were built after arrival. Their arguments may include:

• Length and depth of the new relationship. A new relationship that has lasted several years, with cohabitation, shared finances and a joint future, supports the longstanding relationship example.
• Children. A child of the new relationship, or a pregnancy, supports the first policy example. The answer on whether having a child together helps a partner visa explains the wider effect of children.
• The circumstances in which the first relationship ended. A sponsor who was abandoned, who left because of family violence, or whose sponsor died, may be able to show they did not use the partner visa system and move on.
• Ties to Australia. Employment, property, Australian citizen children from the first relationship, community involvement and caring responsibilities all go to the hardship of leaving.
• Health. Serious health conditions of the sponsor, and the support the sponsor needs from the new partner, can be relevant. The Tribunal decision in ZHANG (MIGRATION) [2024] ARTA 113, a Subclass 820 matter, recorded compelling circumstances, significant mental and physical health issues and a long standing dependent relationship as issues, and was remitted.

The innocent sponsor argument and the careless sponsorship

The innocent sponsor argument is the claim that the sponsor's intentions in the original relationship were genuine and the sponsor was blameless in its failure. The Department's policy accepts that this may support a waiver in some cases, but warns that it depends on whether the bona fides of the original relationship can be established and whether the first sponsorship was careless.

For a partner visa sponsor previously sponsored, the argument has to be adapted. The sponsor was not the one who sponsored in the first relationship. But the same logic applies. The decision maker wants to know that the first relationship was real, that it ended for real reasons, and that the sponsor is not repeating a pattern. Evidence of the length of the first relationship after the permanent visa was granted, the circumstances of the separation, any family court or property settlement documents, and Form 888 statements from people who knew the couple can all help.

The guide on what to do when partner visa compelling reasons are not accepted explains common weaknesses in waiver submissions. The answer on what compelling and compassionate circumstances mean for a partner visa gives a short introduction.

Building a waiver submission

A strong waiver submission for a partner visa sponsor previously sponsored is usually structured in this order:

• A short statement of the sponsor's history, including the date of the sponsor's own application, the grant dates and the date the 5 years will end.
• The circumstances of the first relationship and its breakdown, with documents.
• The history of the new relationship, with evidence of when and how it began.
• Each compelling circumstance, set out under its own heading, linked to the policy examples where possible.
• Evidence of hardship to the sponsor and of the sponsor's ties to Australia.
• Supporting Form 888 statements. The guide on who can sign a Form 888 explains witness eligibility, and the answer on what a Form 888 statement should say explains content.

The sponsor's own statement should be honest about difficult points. A submission that leaves out obvious facts, such as an early start to the new relationship, is weaker than one that explains them.

What if the sponsor's own earlier application was withdrawn?

Where the sponsor's own earlier partner visa application was withdrawn before any visa was granted, the position needs careful advice. The Department's policy treats a sponsorship as counting only where it resulted in the grant of a visa, and on that logic a withdrawn application that never produced a grant should not trigger the limit.

One Tribunal decision touches this area. In Dhindsa (Migration) [2019] AATA 5650, a Subclass 309 matter, the recorded issues were that five years had not elapsed since the review applicant had been sponsored, and that the review applicant's previous application was withdrawn. The matter was remitted to the Department.

A partner visa sponsor previously sponsored with a withdrawn or partly completed history should have the exact record checked before the new application is lodged. Where a temporary visa was granted and the later permanent stage was withdrawn or refused, a visa was still granted, and the limit is likely to apply. The answer on whether a partner visa application can be withdrawn and lodged again explains withdrawal more generally.

Common mistakes a partner visa sponsor previously sponsored makes

The most common mistakes are counting from the wrong date, not declaring the earlier sponsorship, and saying nothing about the first relationship in the hope that the Department will not ask. Each of these can lead to a refusal that could have been avoided.

• Counting from the grant date. A partner visa sponsor previously sponsored often counts 5 years from the date their permanent visa was granted. The law counts from the date their own application was made. In most cases this works in the sponsor's favour, because the application date is earlier, but the sponsor must use the right date.
• Counting to the lodgement date. Some sponsors wait until the full 5 years has passed before the new partner lodges. That is not required, because the test is applied at the time of decision. Waiting can cost time, and for an onshore partner it can create visa expiry risks.
• Counting from separation or citizenship. The date the first relationship ended and the date of citizenship are not part of the calculation.
• Leaving out the earlier sponsorship. The Department has the records. Leaving it out damages credibility and can create integrity concerns for the applicant.
• Ignoring the first relationship. A partner visa sponsor previously sponsored who does not explain the first relationship leaves the decision maker to draw its own conclusions, often from the former partner's account.
• Not making a waiver submission. The decision maker must consider the waiver, but cannot weigh evidence it has not seen.
• Assuming the new partner's own history does not matter. The new partner's visa history, character and previous relationships are assessed separately. The guide on the partner visa sponsor's own visa history problems covers the sponsor side, and the guide on why partner visas get refused explains the wider refusal grounds.

Should the new partner apply now or wait?

The new partner can apply now, wait, or apply now with a waiver submission. The right choice depends on how far away the 5 year date is, how long processing is likely to take, the strength of any compelling circumstances and the new partner's own visa position.

Factors a partner visa sponsor previously sponsored should weigh include:

• Distance to the 5 year date. If the date is close and processing is likely to run past it, lodging now may be sensible, because the test is applied at the time of decision.
• An earlier decision than expected. A decision could be made sooner than expected. The guide on Subclass 820 processing times explains why timing is not predictable.
• The new partner's own visa. An onshore partner whose visa is about to expire may need to lodge a Subclass 820 before the visa ends, to avoid Schedule 3 problems. The guide on a partner visa application before visa expiry explains the risk.
• Strength of the waiver case. A strong waiver case supports lodging earlier. A weak one may make waiting the safer course.
• Cost. The visa application charge for a partner visa starts from AUD 11,710. A refused application is expensive. The guide on Subclass 820 visa cost explains the charges.

Before lodging, a partner visa sponsor previously sponsored should have the whole case reviewed. The guide on partner visa sponsor risk assessment before lodgement explains what that review covers, and the guide on partner visa application review before lodgement explains the wider check.

What happens if the sponsorship is refused?

If the sponsorship is refused because of regulation 1.20J(1)(c), the visa application is refused, because sponsorship approval is a criterion for the visa. There is no separate notice to the sponsor. The refusal decision is usually reviewable by the Administrative Review Tribunal.

The key points are:

• Deadline. The application for review must be made within 28 days after the day the applicant is notified of the decision, or 7 days if the applicant is in immigration detention. The time limit cannot be extended. The guide on the partner visa appeal deadline explains how it is counted.
• Who applies. For a Subclass 820 refusal and for a Subclass 309 refusal, the visa applicant applies. For a Subclass 300 refusal, the sponsor applies. The guide on who can lodge a partner visa appeal explains the rules.
• Fee. The Tribunal fee for a migration review is $3,727 for fees paid on or after 1 July 2026. A 50% reduction is available for financial hardship, and 50% is refunded if the decision is set aside or remitted. The guide on partner visa ART fees explains the details.
• Time of decision. The Tribunal decides on the facts at the time of its own decision. If the 5 years has passed by then, the limitation may no longer apply, as the Pham, Rogers and Dang decisions illustrate.
• Bridging visa. An onshore Subclass 820 applicant on a Bridging visa A usually keeps it while a valid review application is pending. The guide on the bridging visa after a partner visa refusal explains the position.

The page on partner visa refusals explains how My Migration Lawyers acts after a refusal, and the answer on how to challenge a refusal involving sponsorship limitations gives a short overview. For an urgent refusal close to the deadline, see urgent ART visa refusal applications. The guide on the ART review process for a partner visa explains each step of the review.

How My Migration Lawyers helps a partner visa sponsor previously sponsored

My Migration Lawyers acts for Australian sponsors who were themselves sponsored on a partner or fiancé visa and now want to bring a new partner to Australia. These are complex cases. They sit at the meeting point of a strict regulation, a waiver that depends on evidence, and an earlier relationship that the Department can read on its own file. The firm acts in many matters of exactly this type and is capable of handling them at every stage.

For a partner visa sponsor previously sponsored, the firm's work usually includes:

• Obtaining and checking the sponsor's own visa history, including the exact date of the original application, through ImmiAccount or an FOI request.
• Calculating when the 5 years ends and advising whether to lodge now, wait, or lodge with a waiver submission.
• Reviewing the first relationship and its breakdown, and preparing an honest, documented account before the Department asks.
• Preparing the compelling circumstances submission under regulation 1.20J(2), with Form 888 statements and supporting evidence.
• Checking the sponsorship declarations and the visa applicant's forms for consistency.
• Responding to section 57 letters, including letters based on reports from a former partner.
• Acting at the Administrative Review Tribunal if the sponsorship is refused, including arguing that the 5 years has passed by the time of the Tribunal's decision.

The firm's partner visa lawyers work with sponsors across Australia and overseas by video. The guide on complex partner visa lawyer work explains how these matters are run, and the answer on whether there is a partner visa lawyer who handles complex cases describes the firm's approach. Sponsorship limitation matters are supervised by Weiwei Zhang, Principal Lawyer.

A partner visa sponsor previously sponsored gets one chance to present the history in the best order and with the right evidence. If you were sponsored on a partner visa and now want to sponsor someone new, Book a Consultation with My Migration Lawyers, or call 1300 040 300.